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KELLY McLEAN v. Kuru Footwear

Filed

Case details

Standards cited
WCAG 2.1 Level A and Level AA

Summary

According to the complaint, Kelly McLean, a legally blind individual, is suing KURU Footwear for violations of the Americans with Disabilities Act due to the inaccessibility of their ecommerce website, www.KuruFootwear.com. McLean alleges that she encountered numerous barriers while attempting to research and purchase supportive footwear, including missing alternative text, unlabeled buttons, and broken links. The complaint cites that these issues prevent blind users from accessing the same information and services available to sighted consumers. McLean seeks injunctive relief to require KURU to make their website accessible and to certify a class of similarly situated individuals.

About the defendant

KURU Footwear operates a retail ecommerce platform that markets, displays, and sells supportive footwear and related products to consumers.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind and visually impaired individuals.
  • Plaintiff encountered multiple accessibility barriers while attempting to access the website.
  • Defendant failed to comply with WCAG 2.1 accessibility standards.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • New York State Human Rights Law
  • Violation of New York State Civil Rights Law
  • Violations of the New York City Human Rights Law
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA.
  • A preliminary and permanent injunction requiring Defendant to make www.KuruFootwear.com fully accessible.
  • A declaration that Defendant discriminates against blind individuals.
  • An order certifying the proposed Class and New York Subclass.
  • An award of costs, litigation expenses, and reasonable attorneys’ fees.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

All legally blind individuals in the United States who have attempted to access www.KuruFootwear.com and, as a result of Defendant’s failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.